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CARNEY v. McGINNIS

No. 6619.

358 P.2d 694 (1961)

68 N.M. 68

J. Iver CARNEY and Fred Poorbaugh, d/b/a Empire Realty Company, a co-partnership, Plaintiffs-Appellees, v. Frank McGINNIS and Eva McGinnis, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

January 16, 1961.

Attorney(s) appearing for the Case

McAtee, Toulouse & Marchiondo, David R. Gallagher, Albuquerque, for appellants.

Kool, Krannawitter & Kool, Albuquerque, for appellees.

CARMODY, Justice.

The defendants below seek a reversal of the judgment entered against them in the trial court, based upon plaintiffs' claimed real estate commission.

This is the second time this case has been before us. The first appeal resulted in the reversal of a judgment rendered in favor of the defendants at the close of the plaintiffs' case. See Carney v. McGinnis, 1958, 63 N.M. 439, 321 P.2d 626

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